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TPP COULD MAKE FANWORK ILLEGAL?
Posts
Corfaisus
"It's frustrating because - as much as Corf is otherwise an irredeemable person - his 2k/3 mapping is on point." ~ psy_wombats
7874
Corfaisus
View playlists
Closeauthor=Feldschlacht IV
please salvage this topic into something intelligent. the tpp is a piece of shit legislation for many reasons but none of them have to do with rips or naruto cosplay
Realistically, the whole thread needs to be banished to the archives and remade with an emphasis placed solely on where exactly the government is overstepping its boundaries (though government establishes where those boundaries lie so it's rather foolish to expect them to bow to our whims).
So yeah...
author=LightningLord2
How about CANADA STANDING UP AGAINST THE TPP
or
god damnit canada
For example, a leak of the TPP intellectual property chapter as of May 2015 revealed that Canada supported an Australian proposal to allow countries to cancel patents that are used in an abusive or anti-competitive manner. The provision, which was opposed by the U.S., was designed to give countries the freedom to target patent trolls, which refers to instances when companies that had no involvement in the creation or invention of a patent demand licences or other payments from legitimate companies by relying on dubious patents. The language on patent cancellation due to abusive or anti-competitive conduct was removed in Hawaii.
or
The parties similarly reached agreement on rules for Internet service providers in the latest draft. Chile, which had opposed special rules to accommodate Canada’s notice-and-notice provision in the TPP, was granted its own carve out that will allow it to maintain the system found in the Chile – U.S. Free Trade Agreement.
For Canada, the deal on ISPs means that government has agreed to induce providers to “remove or disable” access to content upon becoming aware of a decision of a court of a copyright infringement. The broadly worded provision could force Canadian ISPs to block content on websites after being notified of a foreign court order – without first having to assess whether the site is even legal under Canadian law.
god damnit canada
I'm reading this monster now. The first few pages are full of quite a bit of bullshit legalese that basically repeats the table of contents over and over again.
Okay, first regulation basically makes it easier to identify trademarks and who owns them.
The use of similar or identical signs stipulation could be interpreted as saying that common marks may be protected. In other words, this bill could conceivably restrict common names, meaning it's possible that companies could, in theory, force people to legally change their names, something that has always been explicitly prevented by trademark restrictions. There doesn't seem to be anything in the trademark section that overrides old trademark law.
There's definite room for concern in the intellectual properties and copyright chapters. It gives corporations the right to patent biological matter. For context, corporations have been trying over the years to patent human genetic codes based on the discovery clause--in other words, since they found it it legally would belong to them. Thus far they've failed, but the wording under intellectual properties, Art. QQ.E.1, section 4(b) eliminates the hurdle preventing patenting of naturally existing biological matter. For further context, agricultural corporations have also previously attempted to patent naturally occurring plants and crops. They have been successful with genetically modified organisms (GMOs). In doing so, they have been able to successfully sue and bankrupt organic farms that they see as competition by claiming "cross-contamination". It's being used to forcibly acquire farms that won't sell out, particularly by Archer Daniel Midlands Corporation.
The article contains the notation "without prejudice". This means no recourse will be available since the patent holder's claim will be favored "without prejudice". In other words, if a patent holder makes a claim against you and you deny it, and neither of you have proof, the patent holder's word will lawfully carry more weight. It's a guilty until proven innocent clause.
I'm to the Copyrights chapter now. This bill will effectively outlaw free television and radio. This is very poorly conceived. It appears to preserve fair use. Oh, wait, it doesn't preserve fair use, sorry. "FN attached to QQ.G.2: A Party may not limit this right in order to provide for a compulsory remuneration regime in cases where an over the air signal containing an audiovisual work is transmitted on the Internet." Very poorly worded. Since this clause doesn't account for clips and press reels, even news articles and user reviews could be subject to prosecution for remuneration. This could be used to outlaw Pewdiepie, WatchMojo, ScrewAttack, and other list entertainment groups that rely on video collections to present their productions. They could list themselves as advertisers, which would grant them an exemption.
Whoa! Harsh new penalties for journalists! This is a very anti-free press bill. Individual copyrights for poor nobodies like you and me will last for 50 years and won't be renewable, but for corporations, it'll be 120 years and is renewable. Fuck your grandchildren. They don't have any rights to your legacy.
I'm sorry, I'm reading through this and this is incredibly high-handed. I'm afraid I'm going to have to join the tin-foil hat brigade. I'm only halfway through this and I'm already of the opinion that whoever wrote it should be burned with it.
https://www.eff.org/files/2014/10/28/tpp_ipchapter_may2014.pdf
Okay, first regulation basically makes it easier to identify trademarks and who owns them.
The use of similar or identical signs stipulation could be interpreted as saying that common marks may be protected. In other words, this bill could conceivably restrict common names, meaning it's possible that companies could, in theory, force people to legally change their names, something that has always been explicitly prevented by trademark restrictions. There doesn't seem to be anything in the trademark section that overrides old trademark law.
There's definite room for concern in the intellectual properties and copyright chapters. It gives corporations the right to patent biological matter. For context, corporations have been trying over the years to patent human genetic codes based on the discovery clause--in other words, since they found it it legally would belong to them. Thus far they've failed, but the wording under intellectual properties, Art. QQ.E.1, section 4(b) eliminates the hurdle preventing patenting of naturally existing biological matter. For further context, agricultural corporations have also previously attempted to patent naturally occurring plants and crops. They have been successful with genetically modified organisms (GMOs). In doing so, they have been able to successfully sue and bankrupt organic farms that they see as competition by claiming "cross-contamination". It's being used to forcibly acquire farms that won't sell out, particularly by Archer Daniel Midlands Corporation.
The article contains the notation "without prejudice". This means no recourse will be available since the patent holder's claim will be favored "without prejudice". In other words, if a patent holder makes a claim against you and you deny it, and neither of you have proof, the patent holder's word will lawfully carry more weight. It's a guilty until proven innocent clause.
I'm to the Copyrights chapter now. This bill will effectively outlaw free television and radio. This is very poorly conceived. It appears to preserve fair use. Oh, wait, it doesn't preserve fair use, sorry. "FN attached to QQ.G.2: A Party may not limit this right in order to provide for a compulsory remuneration regime in cases where an over the air signal containing an audiovisual work is transmitted on the Internet." Very poorly worded. Since this clause doesn't account for clips and press reels, even news articles and user reviews could be subject to prosecution for remuneration. This could be used to outlaw Pewdiepie, WatchMojo, ScrewAttack, and other list entertainment groups that rely on video collections to present their productions. They could list themselves as advertisers, which would grant them an exemption.
Whoa! Harsh new penalties for journalists! This is a very anti-free press bill. Individual copyrights for poor nobodies like you and me will last for 50 years and won't be renewable, but for corporations, it'll be 120 years and is renewable. Fuck your grandchildren. They don't have any rights to your legacy.
I'm sorry, I'm reading through this and this is incredibly high-handed. I'm afraid I'm going to have to join the tin-foil hat brigade. I'm only halfway through this and I'm already of the opinion that whoever wrote it should be burned with it.
https://www.eff.org/files/2014/10/28/tpp_ipchapter_may2014.pdf
There's definite room for concern in the intellectual properties and copyright chapters. It gives corporations the right to patent biological matter. For context, corporations have been trying over the years to patent human genetic codes based on the discovery clause--in other words, since they found it it legally would belong to them. Thus far they've failed, but the wording under intellectual properties, Art. QQ.E.1, section 4(b) eliminates the hurdle preventing patenting of naturally existing biological matter.
If I didn't already believe that everybody working for the government was fucking insane, this would totally convince me.
Jesus Christ.
author=GreatRedSpirit
How about CANADA STANDING UP AGAINST THE TPP
For example, a leak of the TPP intellectual property chapter as of May 2015 revealed that Canada supported an Australian proposal to allow countries to cancel patents that are used in an abusive or anti-competitive manner. The provision, which was opposed by the U.S., was designed to give countries the freedom to target patent trolls, which refers to instances when companies that had no involvement in the creation or invention of a patent demand licences or other payments from legitimate companies by relying on dubious patents. The language on patent cancellation due to abusive or anti-competitive conduct was removed in Hawaii.
or
The parties similarly reached agreement on rules for Internet service providers in the latest draft. Chile, which had opposed special rules to accommodate Canada’s notice-and-notice provision in the TPP, was granted its own carve out that will allow it to maintain the system found in the Chile – U.S. Free Trade Agreement.
For Canada, the deal on ISPs means that government has agreed to induce providers to “remove or disable” access to content upon becoming aware of a decision of a court of a copyright infringement. The broadly worded provision could force Canadian ISPs to block content on websites after being notified of a foreign court order – without first having to assess whether the site is even legal under Canadian law.
god damnit canada
There's more news with this, isn't there?
http://www.japantimes.co.jp/news/2015/08/28/business/amari-says-tpp-may-halted-no-deal-reached-canada-election-october/#.VeYxxUaM7jO
Oh yeah, it's come up before as having the TPP signed (or in any state to market to the public) as election fodder for the current government. They've done similar things already involving ridiculous sudden tax breaks, cash payouts, and selling controlling shares in GM (who a month later closed a plant in Canada to move to Mexico!) for similar reasons. I could totally see it.
The one holdout for me is why they waited so long to fold. This election was no surprise to anybody who cares about Canadian elections. We may not have set dates but we do have a maximum amount of time between elections and it was due. Plus the current government changed our election laws to have longer elections with monetary compensation that favors them. You could've set your clock to this years ago. Had they given these concessions last year or even months ago I'd agree but it's looking less likely that it'll be done in time for October and doing this now can give fodder to the other parties (although truth be told I'd doubt most would care).
My guess is that with the TPP talks trying to wrap up the country with a real economy (read: the USA) whose IP proposals we've opposed (read: still the USA) applied the thumbscrews to crick in the dick Canada. We really ain't got a lot of shit in the world market before oil crashed and lord knows how much longer our real estate and consumer debt bubble will last. Get in now, fold over IP concessions while trying to protect other industries, get it signed before the US gets madder.
I'm just an it guy at a desk so I don't have any special insight though. It certainly could be incompetence on our government's part doing a job at the last possible second.
The one holdout for me is why they waited so long to fold. This election was no surprise to anybody who cares about Canadian elections. We may not have set dates but we do have a maximum amount of time between elections and it was due. Plus the current government changed our election laws to have longer elections with monetary compensation that favors them. You could've set your clock to this years ago. Had they given these concessions last year or even months ago I'd agree but it's looking less likely that it'll be done in time for October and doing this now can give fodder to the other parties (although truth be told I'd doubt most would care).
My guess is that with the TPP talks trying to wrap up the country with a real economy (read: the USA) whose IP proposals we've opposed (read: still the USA) applied the thumbscrews to crick in the dick Canada. We really ain't got a lot of shit in the world market before oil crashed and lord knows how much longer our real estate and consumer debt bubble will last. Get in now, fold over IP concessions while trying to protect other industries, get it signed before the US gets madder.
I'm just an it guy at a desk so I don't have any special insight though. It certainly could be incompetence on our government's part doing a job at the last possible second.
To be fair, there's alot of good, useful, helpful legislation in this bill, but it's positively horrific how much room there is for abuse. Law to this very day depends upon interpretation, and in spite of what is said in the media, no context is required. Passages can be taken as literal and autonomous even if they're only meant to be an exception to a larger rule. There's alot of that going on in the TPP. It looks like large portions of it are left deliberately vague. This is usually done to preserve freedom, overall, but it's a double-edged sword. That vagueness that is supposed to protect the rights of the little guy can just as easily be used to trample those same rights, and because of the lack of clarity, such abuse would have to be upheld in ruling, unless a perceptive judge sees the larger scope and decides otherwise.
Fanwork is definitely a concern, and I actually think it's largest one. Corfaisus actually pointed out the main concern in his post (which was clearly intended to berate anyone who disagreed with the TPP). The fact is that children can and do draw fan art and write fanfiction and that can and does fall under the scope of this legislation. It can be argued that the child is to be held blameless due to ignorance, prosecution can then be shifted to the parent, who is equally blameless, but would fall victim to the judge's favorite clause "ignorance is no excuse". The inexcusable ignorance clause is actually untrue. It's actually written into law that a lack of knowledge regarding the nature of everyday law indemnifies the perpetrator against prosecution. I specifically say "indemnifies" because there's a limit to how far that protection goes. Obviously, if you steal or commit murder, not being aware that such things are illegal is no legitimate defense. Nevertheless, it's your responsibility to prove ignorance, and how would you prove such a thing. So you see, the question of fan work is important because it underscores a larger potential issue.
Fanwork is definitely a concern, and I actually think it's largest one. Corfaisus actually pointed out the main concern in his post (which was clearly intended to berate anyone who disagreed with the TPP). The fact is that children can and do draw fan art and write fanfiction and that can and does fall under the scope of this legislation. It can be argued that the child is to be held blameless due to ignorance, prosecution can then be shifted to the parent, who is equally blameless, but would fall victim to the judge's favorite clause "ignorance is no excuse". The inexcusable ignorance clause is actually untrue. It's actually written into law that a lack of knowledge regarding the nature of everyday law indemnifies the perpetrator against prosecution. I specifically say "indemnifies" because there's a limit to how far that protection goes. Obviously, if you steal or commit murder, not being aware that such things are illegal is no legitimate defense. Nevertheless, it's your responsibility to prove ignorance, and how would you prove such a thing. So you see, the question of fan work is important because it underscores a larger potential issue.
LockeZ
I'd really like to get rid of LockeZ. His play style is way too unpredictable. He's always like this too. If he ran a country, he'd just kill and imprison people at random until crime stopped.
5958
ITT: Outragists vs. Apathists
Will this law make Twitch Plays Pokemon illegal? I guess it actually will. A paradox!
Remember when there used to be FBI warnings on videotapes and DVDs, stating that it was a violation of federal law to copy the movie? What happened to those? Did they repeal that law, or did they just change it so the warning was optional?
Will this law make Twitch Plays Pokemon illegal? I guess it actually will. A paradox!
Remember when there used to be FBI warnings on videotapes and DVDs, stating that it was a violation of federal law to copy the movie? What happened to those? Did they repeal that law, or did they just change it so the warning was optional?
LightningLord2
230
author=LockeZ
Will this law make Twitch Plays Pokemon illegal? I guess it actually will. A paradox!
Could also be about Touhou Puppet Play.
Wow Corf just fuck the whole thread why dontcha'?
Put your dick back in your pants we were trying to have a legitimate discussion, the only victim to 'scary strawmans' are people who aren't willing to investigate or put research into why strawman be scurry, he's just a strawman right?
And no, just because some people are fuckwits about ripping does not invalidate what a serious threat this bill poses to democracy. I would be at risk, and I don't draw fucking fan art nor do I use rips.
You would be at risk, and that's hilarious because you seem to think the TPP will make things better.
But I've already learned debating with you is a fruitless endeavor, so I'm going to not say anymore on your kerfuffle, also for one calling me out on scary strawmans, you're really taking what i've said and turning it into a bigger one.
It does not at all represent my views, i myself make original content, the TPP harms creators as much as it does fan artists, don't be such a fucking sheep.
I'm not even being very outrageous, the law, if passed, doesn't worry me on the creative content side, like I said, impossible to enforce something like that. My concern is on the environmental part of the bill, considering this would give Gina Rinehart the POWER TO NUKE US!!! Which she has pushed for in the past, no not suggested, PUSHED.
Yeah, I'm a little fucking worried about that! Capiche?
Put your dick back in your pants we were trying to have a legitimate discussion, the only victim to 'scary strawmans' are people who aren't willing to investigate or put research into why strawman be scurry, he's just a strawman right?
And no, just because some people are fuckwits about ripping does not invalidate what a serious threat this bill poses to democracy. I would be at risk, and I don't draw fucking fan art nor do I use rips.
You would be at risk, and that's hilarious because you seem to think the TPP will make things better.
But I've already learned debating with you is a fruitless endeavor, so I'm going to not say anymore on your kerfuffle, also for one calling me out on scary strawmans, you're really taking what i've said and turning it into a bigger one.
It does not at all represent my views, i myself make original content, the TPP harms creators as much as it does fan artists, don't be such a fucking sheep.
I'm not even being very outrageous, the law, if passed, doesn't worry me on the creative content side, like I said, impossible to enforce something like that. My concern is on the environmental part of the bill, considering this would give Gina Rinehart the POWER TO NUKE US!!! Which she has pushed for in the past, no not suggested, PUSHED.
Yeah, I'm a little fucking worried about that! Capiche?
User was warned for this post
Corfaisus
"It's frustrating because - as much as Corf is otherwise an irredeemable person - his 2k/3 mapping is on point." ~ psy_wombats
7874
author=BowelMovement
My concern is on the environmental part of the bill, considering this would give Gina Rinehart the POWER TO NUKE US!!! Which she has pushed for in the past, no not suggested, PUSHED.
Yeah, I'm a little fucking worried about that! Capiche?
Well maybe big boy America needs to come over and set her straight? Maybe the United Nations should throw their weight around and have a serious talk with the bigwigs of Aussieland to have action taken against a known terrorist? If your country can't even wipe it's own damn nose, it deserves to blow itself up. Now can you see why Americans won't just give up their guns?
Then again, we've got crazies over here getting probed by aliens, too. Strange how it's only the clinically insane making such statements.
Frankly, your conspiracy theories are making Australia look bad, like when Fox News reported that Ludacris was literally going to paint the White House black.
author=Corfaisus
So yeah...author=LightningLord2
Post Scriptum: It's capisce, you neanderthal.
Well to your credit, I got warned. So props to you for being able to get me worked up enough to overstep forum boundaries. Honestly, that is impressive. Must mean I care about your opinion, gross.
Big boy America supports her by the way, because big boy America follows the money. Just ask your chief sociopath with a kill count generously only a FIFTH of Hitler's how that's all going. Gina Rinehart may be a bogan and a horrid indecency on Australia but at least she hasn't tried competing with Hitler, yet.
900,000 plus kills, and you support that because he brought you oil.
On the climate change thing which you keep reminding me you've done no research on, let me break it down for you, I've done research, and go by credible sources that are respected worldwide. I'm afraid that's a little more valid than your sole opinion.
I mean, you go to a mechanic because you understand nothing about fixing cars, am I correct?
Yet you still think you know more about something infinitely more complex like the Global Climate System than NASA does?
Sorry bro, do research or I'm not continuing this, because you know nothing, and your arrogance is both shallow and irritating.
There is one thing I'll agree with, this thread can go to the archives, may as well. We aren't going to salvage anything beyond what's been said already.
Also, as a friendly aside. It is formally capiche, don't make the mistake of attempting to one up my literacy, because, again. I do my research. Your version is also accepted, but it does not invalidate the unfortunate reality that mine is correct. Unfortunate for you, not for me!
Big boy America supports her by the way, because big boy America follows the money. Just ask your chief sociopath with a kill count generously only a FIFTH of Hitler's how that's all going. Gina Rinehart may be a bogan and a horrid indecency on Australia but at least she hasn't tried competing with Hitler, yet.
900,000 plus kills, and you support that because he brought you oil.
On the climate change thing which you keep reminding me you've done no research on, let me break it down for you, I've done research, and go by credible sources that are respected worldwide. I'm afraid that's a little more valid than your sole opinion.
I mean, you go to a mechanic because you understand nothing about fixing cars, am I correct?
Yet you still think you know more about something infinitely more complex like the Global Climate System than NASA does?
Sorry bro, do research or I'm not continuing this, because you know nothing, and your arrogance is both shallow and irritating.
There is one thing I'll agree with, this thread can go to the archives, may as well. We aren't going to salvage anything beyond what's been said already.
Also, as a friendly aside. It is formally capiche, don't make the mistake of attempting to one up my literacy, because, again. I do my research. Your version is also accepted, but it does not invalidate the unfortunate reality that mine is correct. Unfortunate for you, not for me!
Corfaisus
"It's frustrating because - as much as Corf is otherwise an irredeemable person - his 2k/3 mapping is on point." ~ psy_wombats
7874
author=BowelMovement
Big boy America supports her by the way, because big boy America follows the money. Just ask your chief sociopath with a kill count generously only a FIFTH of Hitler's how that's all going. Gina Rinehart may be a bogan and a horrid indecency on Australia but at least she hasn't tried competing with Hitler, yet.
900,000 plus kills, and you support that because he brought you oil.
author=Corfaisus
I would appreciate it very much so if people would actually go out of their way to itemize their points of discussion instead of lumping it all together into one massive scary strawman (like we're so fond of doing towards "SJWs"). The refusal to do so is how we so easily and habitually fall victim to Godwin's Law.
It's almost like the discussion killed itself after the first page.
author=BowelMovement
Well to your credit, I got warned. So props to you for being able to get me worked up enough to overstep forum boundaries. Honestly, that is impressive. Must mean I care about your opinion, gross.
You're also more than welcome to take full responsibility for your own actions. And no, continuing to tie me in any way to the fact that you flew off the handle does not mean you've taken full responsibility. The phrasing you're looking for is "I made a mistake and I'm sorry."
I am. I've accepted the warn humbly, take a compliment now and then, jeez! I don't dispense them often!
Also, I have in the past given valid and in-depth points of discussion, I gave up on doing that because it's as pointless as you deem this entire thread, you are just one person responsible for proving that. I'm not here to lecture you, I learned a long time ago to not waste time on self-righteous idiots.
No offense meant, but you are a waste of time, breath and energy. My efforts would be better spent on ears, not brick walls trying to pose as receptors for knowledge.
Also, I have in the past given valid and in-depth points of discussion, I gave up on doing that because it's as pointless as you deem this entire thread, you are just one person responsible for proving that. I'm not here to lecture you, I learned a long time ago to not waste time on self-righteous idiots.
No offense meant, but you are a waste of time, breath and energy. My efforts would be better spent on ears, not brick walls trying to pose as receptors for knowledge.
I thought this was about Metal Gear Solid The Phantom Pain. Similar stuff has happened before trying to get anime and manga sites shut down but it hasn't happened
Kaliesto
583
My only words on this is...
Whoever supports this likes Screwing over people. Absurdity rules these suits these days. Let's look for more ways to screw people over, and make air itself copyrighted! How dare that person breathe my air!
I know I sound silly saying that, but that is how stupid this stuff has gotten. I'm so sick of this shit. Why does every fucking thing matter to these morons? It's the most petty shit I've seen happen for the past some years.
Whoever supports this likes Screwing over people. Absurdity rules these suits these days. Let's look for more ways to screw people over, and make air itself copyrighted! How dare that person breathe my air!
I know I sound silly saying that, but that is how stupid this stuff has gotten. I'm so sick of this shit. Why does every fucking thing matter to these morons? It's the most petty shit I've seen happen for the past some years.
Tyranos
1115
When he opened with "I don't care about politics." I immediately realized this idiot doesn't realize exactly what politics are. They can impact ANYTHING. If you like games you'd best be interested in politics, because politics can have an affect on what games are even released in your region. Censorship laws ARE politics. All laws are. So my suggestion is that you all get interested. At least in areas that can mess with your interests.
Also this guy talking about Japan is cute. Foreigners need to visit that place sometime and stop assuming exceptions are the normal.
Also this guy talking about Japan is cute. Foreigners need to visit that place sometime and stop assuming exceptions are the normal.
